Supreme Court of New Jersey· 8/1/1984

State v. Rodriguez

Citations

478 A.2d 408
97 N.J. 263
1984 N.J. LEXIS 2704

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

explaining that the Court's prior decision in State v. Ryan, 86 N.J. 1, 429 A. 2d 332, cert. denied, 454 U.S. 880, 102 S.Ct. 363, 70 L.Ed. 2d 190 (1981
finding that defendant's Double Jeopardy protections were not violated where he successfully raised a merger issue on appeal and on remand the court imposed the same aggregate term by increasing the sentence for one offense
“The application of merger can have significant penal consequences.... Not only does merger have sentencing ramifications, it also has a measurable impact on the criminal stigma that attaches to a convicted felon.”
if original sentence is increased, court must affirmatively identify the relevant conduct or events that occurred after the original sentencing proceeding in order to overcome any presumption of vindictiveness
“Since the underlying substantive convictions * * * were themselves the subject on an appeal in which defendant sought their modification, no legitimate expectation of finality could be invested in the underlying convictions or the sentences related to them.”
the merged offense is “set aside” and has no penal consequence

Source: CourtListener parenthetical corpus (CC0).

Judges: Handler

Read full opinion on CourtListener

Cited by

75 cases in this archive cite this case; the 20 most cited are listed.

Cites

32 cases in this archive are cited by this case; the 20 most cited are listed.

Other cases with this name

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.